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FamilyCourtReform.org

NEEDED CHANGES To South Carolina Family Court Laws. . .

1.) We need LAY Guardian ad litem's held accountable. Ideally only Attorneys should be Family Court GAL's and no more Lay GAL's because they do not know the laws like Attorney GAL do. Add a Status Quo Law to the GAL Statue as the GAL is to not make any recommendations to change the Status Quo unless there is overwhelming proof that justifies this recommendation.

2.) Stop suspending driver's licenses for unpaid child support and treat it as small claims court standards with if a judgement is reached then the Sheriff can sell items to pay for child support. Don't take a father's ability to drive to work away. This makes the fathers criminals with driving under suspension.

3.) Mandatory 7 Days in Jail for lying "Perjury" in family court by affidavits or by testimony. Then there will be no: "You all go out in the hall and settle this before coming in my court." Once a Judge sees "Perjury" written or hears it. It is mandatory 7 days in jail, or the Judge can lose their seat on the bench and no more Judicial Privilege or Absolute Judicial Privilege's for liars. There must be respect for telling the courts the truth or face jail time. Currently there is no enforcement for "Perjury" in family court. This lying MUST AND HAS TO STOP!!! This will stop false accusations immediately guaranteed if there is an automatic 7 days in jail that the judge must enforce or recommend criminal prosecution immediately or they lose their bench. 2nd offense 6 months in jail for "Perjury." Too many parents are being lied about in court and the adverse party who lied gets to walk free. This new law will be for all affidavits submitted to include anyone. Now if the Judge finds someone in contempt with "Perjury" the accused can immediately ask for a jury trial and the 7-day sentence will be suspended until the outcome of the jury trial. There is no deals to be made with the courts or prosecutors to avoid the 7 day mandatory sentence for "Perjury" if convicted by a jury.

4.) Rule 3.3 for attorneys - 1st offence is 6 months of License to Practice law Suspended. 2nd offence 1 year of License to Practice Law Suspended and 3rd offence License to Practice Law revoked forever. If the Attorney has been warned they broke Rule 3.3 and they fail to inform the court within 24 hours of the warning by the party or adverse party, then this is referred to criminal charges. This happened in my case. They broke Rule 3.3 and they were warned to inform the court numerous times by email and failed to act or acted after their false misleading, misrepresenting statements led the judge to a hoax of a ruling which could be changed based on Rule 60 (b) 1,2,3,5 like Case of Stefan v. Stefan, 320 S.C. 419, 465 S,E,2d 734 (Ct. App. 1995) 

RULE 3.3: CANDOR TOWARD THE TRIBUNAL

(a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

(c) The duties stated in paragraphs (a) and (b) apply when the lawyer is representing a client before a tribunal as well as in an ancillary proceeding conducted pursuant to the tribunal's adjudicative authority, such as a deposition. These duties continue to the conclusion of the proceeding and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

Comment

[1] This Rule governs the conduct of a lawyer who is representing a client in the proceedings of a tribunal. See Rule 1.0(q) for the definition of "tribunal." It also applies when the lawyer is representing a client in an ancillary proceeding conducted pursuant to the tribunal's adjudicative authority, such as a deposition. Thus, for example, paragraph (a)(3) requires a lawyer to take reasonable remedial measures if the lawyer comes to know that a client who is testifying in a deposition has offered evidence that is false.

https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_3_candor_toward_the_tribunal/

https://www.sccourts.org/courtReg/displayRule.cfm?ruleID=407.0&subRuleID=RULE%203%2E3&ruleType=APP

5.) Rule 60 needs to have the word "Final" removed because of Family courts allowing 15-to-30-minute hearings. Rule 60 needs to apply to all court decisions period.

Final in underlined below.

RULE 60

RELIEF FROM JUDGMENT OR ORDER

(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, leave to correct the mistake must be obtained from the appellate court. The ending of a term of court or departure from the circuit shall not operate to deprive the trial judge of jurisdiction to correct such mistakes. A party filing a written motion under this rule shall provide a copy of the motion to the judge within ten (10) days after the filing of the motion.

(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud, misrepresentation, or other misconduct of an adverse party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application.

https://www.sccourts.org/courtReg/displayRule.cfm?ruleID=60.0&subRuleID=&ruleType=CIV

6.) Jury trials added as due process for the Court to disrupt child's status quo. Judge can in emergency take a child but the first hearing for this, there must be an option for a jury trial on an expedited basis. 

7.) Jury trials are added to all forms of family court as an option for the jury to decide the child's future and the judge is a referee for the case. The jury decides all aspects of a case based on 51% of the jury in favor.

8.) Stop the 30-minute hearings from determining drastic changes to final court orders. Final Court Orders must have trials in order to change them. Temporary Hearings cannot change Final Court Orders.

9.) Stop Lawyers and GAL's from assigning Counselors. This is the same problem as what caused the market collapse in 2007. Mortgage Brokers and Realtors were forcing Appraisers to give them inflated home values or "they" would "black list" Appraisers. Now in the appraisal industry the government assigns Appraisers at random to Mortgage Brokers and Realtors so the Appraisers are guaranteed not to be "black listed" and that they have a job without the threat of being "Black Listed." In counseling in family court there is the same problem. If Counselors do not report as the GAL's or Attorneys want them to then they will not use those Counselors and the Counselors are "BLACK LISTED." (OH SURE THEY WILL DENY THIS IS HAPPENING) These Counselors are making up false reports about parents or exaggerating reports negatively, which are negatively affecting children's lives forever. In the Appraisal Business we call this (government involvement) "The Wagon Wheel." We need "The Wagon Wheel" in counseling. We can call the website "Professional Services for Family Court in the State of South Carolina, aka (PSFC)." If a GAL or Attorney wants a Counselor or an evaluation of any kind then "The Wagon Wheel" (government) "PSFC" will assign a Counselor who is licensed and not an intern or an associate to do these types of evaluations or reports. The parents on the other hand can also pick from "The Wagon Wheel" "PSFC" so fair and honest reports on parenting are given. This also takes the stress off of counselors to write false reports. Also if a Counselor needs to refer the person to another Counselor the that Counselor must use the "Wagon Wheel" too in order to insure an honest and accurate report that is not influenced by any bias input whatsoever. Just as Mortgage Brokers and Realtor are not allowed to influence any appraisers to inflate home values and cause another market collapse. This would be a great thing for Counselors to be honest and to insure they can enjoy their profession and focus on helping clients and patients and never having to worry about being "Black Listed" because they did not write a report as the Attorneys or GAL's wanted for a case. This idea will help everyone's quality of life improve and help improve the Family Court System to have more accurate reports that can affect children's lives forever!!!

A website for Professional Services for Family Court in the State of South Carolina.

10.) Also there needs to be a way to report Judges who make bad decisions and for these decisions to be investigated. ( I have since found out that it is Called the Office For Disciplinary Counsel.) Look it up. 

11.) Also no making decisions by GAL's or Judges that limit the 1st amendment. 

12.) We need an information website for what documents a Pro Se Litigant needs to fill out what motion with family court and a list of what is needed for the court to accept each motion. ALL CLERKS MUST GIVE THIS INFO SO PEOPLE WHO HAVE THEIR RIGHT TO BEING "PRO SE" CAN MAKE SURE THEY HAVE THE CORRECT FORMS AND ALL PRESENT THEY NEED TO HAVE IT HEARD BY A JUDGE. This is not legal advice just informing what forms to use and what each type of motion does or filing does.

13.) Also, a Judge MUST give a detailed answer of why a motion was denied and not just write denied. Also, a Judge must give the statute of what law or laws were applied to deny any motion or court filing brought before the court. It is not just enough to say because the laws says I can do this but the Judge must give the law by number of what was applied so a Pro Se or Lawyer can verify that it correct and if not then the Pro Se or Lawyer can appeal the Judgement.

14.) New laws on how Schools or Counselors or GAL's are to report any kind of sexual activity conducted in front of a child. It needs to be investigated by the Police or Sheriff and make it a crime to commit any sexual acts in front of children.

15.) Stop putting fees in abeyance time after time after time. A judge must rule who is responsible for fees for each motion or hearing. This will cause people to come to the table and stop litigation if they are scared of being stuck with the bill. When the bill continues to be put in abeyance for time after time for years who cares? Exactly that is why the Family Court Judge must stop putting fees in abeyance.

16.) Mediation- Must have face to face mediation for the first hour of a 3 hour mediation. Not just mediation in separate rooms. This is the rule in Real Estate Mediation but not Family Court Mediation. WHY? Face to Face gets people to settle. Having people in other rooms not being able to see facial expressions and body language does not help in settling, it only keeps the conflict going. Change Family Court Mediation rules to reflect Real Estate Mediation Rules!!! (Written by a REALTOR and Father who knows of the Realtor code of ethics on mediations and has experienced mediation in family court. Make this 1 hour a requirement!!! 

17.) When a case first starts neither the Plaintiff nor the Defendant nor their Attorney's can pick the Guardian Ad Litem, the parties must submit to the State of South Carolina's website for "Professional Services for Family Court in the State of South Carolina aka (PSFC)."

18.) New court Rule concerning Exparte communication with Judges. If a Court Judge gets a message from his clerk or office staff that one party has a complaint about errors in procedural process concerning any ethics or Court Rules like 3.3 Candor Towards the Tribunal or Rule 3.4 Fairness to the Opposing Party or Counsel. Then the Judge must halt the decision and have the staff or Clerk of Court to immediately schedule at least a 1 hour hearing to hear the complaints. Then the judge can have a new hearing set to rehear the case and have the original case dismissed based on procedural due process being broken and the filing party must reschedule a hearing. All Emergency Temporary Orders or Exparte Orders must be erased if the Judge determines that procedural due process concerning Rules 3.3 or 3.4 were in fact violated by either party. 

19.) If a Guardian Ad Litem tells the Court a false statement by writing or by testimony and it can be proven that it was intentional or done on purposed to break the laws of South Carolina concerning Guardian Ad Litems where a Guardian is to give an unbias report. Then this Gaudian Ad Litem will lose their licensed to be a Guardian Ad Litem in the State of South Carolina forever. If this Guardian is an attorney then they can practice other areas of law but they will be barred from taking any cases with them being a Guardian Ad Litem in the State of South Carolina. The reason for being so harsh and wanting the Guardian Ad Litem to remain neutral and be unbias is because the Family Court rely very heavily on this information that can affect Families and Child's lives in a very negative way if the facts are construed in any way shape or form whatsoever. 

20.) Also, if a party request more time for a case to read or play videos as evidence so it can be recorded on the record for the Court to Hear then the Family Court Must give that party Due Process to have their evidence logged into the record by the Court Reporter. A Judge CANNOT deny a person's US Constitutional Civil Liberty of Due Process to have their voice heard for the record. 

21.) Make it Unlawful for a Licensed Professional to give the Courts an Affidavit or Court Testimony if they are not Licensed in the Subject. If you are not Licensed, then you CANNOTgive the Court Professional or Expert Testimony in that Subject. Make new SC LAWS on how many hours a professional must have completed on the subject matter that they are testifying on. For Counselors, and The Medical Profession this must be a requirement because you CANNOThave a Licensed Professional Counselor Associate which is an "Intern" per the old use of the SC LAW governing Counselors Testify to something they are NOTqualified to testify on and if they give information and then write a disclaimer that they are NOTqualified to comment on this, it does not cover them or excuse them from the violation of this Law. If you are not qualified to talk about a subject then you CANNOT give the court misleading information and write a disclaimer. The Courts can, might or will use this information in making their decisions and if the Courts are given misinformation, then their Ruling can be unjust, unlawful of very prejudice towards one party over this misinformation. This misinformation can negatively affect Families Lives and Cause Irreparable Damage to Child and this can damage can NEVER be restored or repaired. Long story short on this proposed law is: "If you are not qualified to talk about it then KEEP YOUR MOUTH SHUT!!!!"

22.) In cases where a child was taken away for a parent being Committed to a Mental Hospital, the Family Courts CANNOT return physical Custody of the Child to that Parent Until there is a Mental Parental Fitness Evaluation done by a Mental Health Doctor. This evaluation must include all Doctor's notes and Medical Records of the individual be turned over to the Court per the HIPPA Laws. Then and only then can the Family Court who is changed by SC Law in protecting the wellbeing of minor children have all of the information to make the correct and just decision for the best interest of the minor child’s future. Then and only then can the Court determine the extent to which the Child can be Returned to the Parent who lost their Custody due the Fact of being Mentally Committed to a Mental Hospital for any reason whatsoever. 

23.) Concerning Emergency Exparte Relief Filed with the Family Courts. All Emergency Exparte Relief Request Must be Answered the Same Day Filed. If it is a Friday at 5:00pm the Emergency Judge has to make a decision on a Temporary Emergency Basis and Cannot let this Motion go over the weekend without being heard. This could endanger the minor children's best interest if the Emergency Motion is not decided on. It needs to be a requirement the the Clerk of Court Must get the Motion To the Attention of the Emergency Judge so a Temporary decision can be made based on affidavits and evidence presented in the Emergency Motion and Order to be signed. This new Law goes for both Pro Se Litigants and Counsel filing for Emergency Relief.

THIS IS A START TO FAIR FAMILY COURT REFORM!!!!

THIS IS A START TO FAIR FAMILY COURT REFORM!!!!

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